ROSEMOND v. HUDGINS

No. 22-7188.

92 F.4th 518 (2024)

James ROSEMOND, Petitioner-Appellant, v. Richard HUDGINS, Warden, USP Hazelton, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 13, 2024.


Attorney(s) appearing for the Case

ARGUED: Michael E. Rayfield , SHOOK, HARDY & BACON, New York, New York, for Appellant. Michael Alan Rotker , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Mariham Yaft , SHOOK, HARDY & BACON, Denver, Colorado, for Appellant. Kenneth A. Polite, Jr. , Assistant Attorney General, Lisa H. Miller , Deputy Assistant Attorney General, Appellate Section, Criminal Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; William J. Ihlenfeld, II , United States Attorney, Maximillian F. Nogay , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellee.

Affirmed by published opinion. Judge Agee wrote the opinion in which Judge Thacker and Judge Rushing joined.


James Rosemond filed a 28 U.S.C. § 2241 petition for a writ of habeas corpus, arguing that his continued detention is unconstitutional because then-President Donald J. Trump commuted his sentence to time served during a telephone conversation with two of Rosemond's supporters. The district court dismissed the § 2241...

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